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Thomas C. Brackett v. Ealon Lambert, Chairman, Alabama Board of Pardons and Paroles, Etc.

Thomas C. BRACKETT, Plaintiff-Appellant, v. Ealon LAMBERT, Chairman, Alabama Board of Pardons and Paroles, Et Al., Etc., Defendants-Appellees

Brackett v. Ealon Lambert, Chairman, Ala. Bd. of Pardons & Paroles, Etc., 483 F.2d 57 (5th Cir. 1973)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
October 26, 1973
Docket
No. 73-1803
Judges
Wisdom, Ainsworth, Clark
Citations
483 F.2d 57

Opinion — Per Curiam

PER CURIAM:

This Section 1983 action was brought against various state officials by a federal prisoner currently serving a valid sentence in the Atlanta Penitentiary. A detainer has been lodged with penitentiary officials by the State of Alabama charging Brackett with a violation of the terms of his parole from state custody. Brackett questions the validity of the state detainer and seeks damages and injunctive relief because the Alabama Board of Pardons and Paroles refuse to afford him a parole revocation hearing prior to his release from federal custody. We find no constitutional infirmity in the application to this case of the Alabama statute which provides that such hearings shall be held on the return of the prisoner to state custody. Ala.Code tit. 42, § 12 (1958).

Affirmed.

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Authorities cited 1

DepthCaseCited by
Capuano v. Marcella Gail Bridges, 483 F.2d 57 (5th Cir. 1973) 2

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